A boy removed from the register

Recently, the Moscow guardianship and trusteeship authorities have been sending the child’s personal file to the region from where the child came under guardianship and where he was registered.

Adoptive mom Maria A.(she asked not to indicate her last name) found herself in exactly this situation. She took under gratuitous guardianship (that is, she was not entitled to a guardianship fee) 14-year-old teenager Sergei Ya., who was in a regional orphanage. In Moscow, in the apartment of his guardians, he has temporary registration until he is 18 years old. And while the boy is not receiving the payments needed for his maintenance, his parents have been denied them.

“My child was deregistered with the guardianship authorities of the Yuzhnoye Butovo district,” says Maria. “His personal file was sent to the guardianship authorities of Kemerovo, where the orphanage is located, from where I took him in December 2015.”

On December 1, in regional guardianship, Maria received a guardianship order and became a guardian. On December 8, she registered Sergei with the South Butovo PLO. But on February 9, the child was removed from the register. The guardianship authorities notified the parents that from now on the Kemerovo guardianship authorities should control the boy. Accordingly, payments for the maintenance of Maria A.’s son should be accrued in Kemerovo.

Moscow payments to Sergei Ya. were denied on December 31st. All refusals refer to Moscow Law No. 87 of December 15, 2004, where the first article states that payments are assigned to children under guardianship in Moscow, “whose place of residence is the city of Moscow.” Here again the question arises about the interpretation of place of residence.

Maria wrote a complaint to the Moscow Department of Social Protection about the refusal of payments, from where she received an answer - but not about that: she was informed that she did not have the right to create a foster family, because her son was taken into custody in a regional orphanage. “This is how I was introduced to the legislation of Moscow, that is, they never gave me an answer on the merits of my claims. The fact is that I did not initially intend to enter into an agreement on a foster family; I am already Sergei’s guardian. I needed to get payments only for his maintenance, which he was entitled to by right,” explains Maria.

Now Sergei Ya.’s personal file is located in Kemerovo, where the guardianship authorities have no reason to register the boy - he is no longer a pupil of the Kemerovo orphanage, left there at the place of residence of his official representative, that is, his guardian.

Everything must be registered in one place

The thing is that on December 23, 2015, the Moscow Government adopted Resolution No. 932-PP. In fact, it puts financial support foster families, where children are raised under guardianship, depending on their place of residence.

There are two types of payments for a family adopting a child:
1) for child support
2) remuneration to the guardian.
By default, the duties of guardianship and trusteeship are performed free of charge. In this case, only payment is made for the maintenance of the child. However, the guardianship and trusteeship authorities, based on the interests of the ward (for example, when the child is disabled, requires increased care and funds for his development, treatment), has the right to conclude a guardianship agreement with the guardian or trustee or guardianship on paid terms. In this case, remuneration is also paid to the guardian. In Moscow, payments are significantly higher than in the regions. So, if in Kemerovo 6,000 rubles are provided for child support. per month, then in Moscow the payment is from 15,000 to 25,000, depending on the age of the child and the presence of disability.

Before the resolution, the main requirement for receiving a Moscow guardianship fee was the presence of permanent registration in Moscow with the child’s guardians and the conclusion of an agreement on a foster family with the Moscow guardianship and trusteeship authorities (in this case, the act of appointment as a guardian could be issued by the guardianship authorities at the place of “origin” of the child, for example , in another region).

Now, based on the resolution, permanent registration in Moscow should be not only for foster parents, but also for a child taken into care.

In addition, from now on it will be impossible to conclude an agreement on a foster family with the guardianship and trusteeship authorities in Moscow if the child arrived from another region.

“According to Decree No. 932-PP, since December 2015, Moscow has been concluding agreements on the creation of a foster family (with the assignment of remuneration to the foster parents) only if two conditions are met:

1) adoptive parents have permanent registration in Moscow,

2) at the time of transfer to a foster family, the child either had permanent registration in Moscow, or was raised in the capital’s organizations for orphans,” explains lawyer Olga Mitireva.

“With regard to payments for the maintenance of wards in Moscow, the situation is somewhat different: a child can be taken under guardianship from another constituent entity of the Russian Federation, but in order to assign payments for maintenance, he must be permanently registered in Moscow. That is, the child may be from the region (but to what extent are parents ready to formalize permanent registration for their ward?),” Olga comments on the situation.

“The new definition of “place of residence” has led to the fact that from January 1, 2014, the constituent entities of the Russian Federation received the legal (although perhaps unconstitutional) right to determine the assignment of payments to orphans and foster parents - including payments for the maintenance of children in their care and/or remuneration for adoptive parents - the presence of the ward child and/or the foster parents of permanent registration in the relevant region,” the lawyer concludes.

The editors received a letter from a reader-guardian. She writes that her disabled son, whom she took into custody 11 months ago, cannot be registered with her permanently. Although she is ready to register him, because he will be able to be independent after 18 years and will not return to his relatives in the region.
But the mother explained that when she received a notification that the boy needed to be registered within 30 days, the passport office constantly refused to register him. The guardianship confirmed the validity of this refusal by the fact that warded children can be registered with guardians only up to 18 years of age.
This is evidenced by Order of the Federal Migration Service of Russia dated September 11, 2012 N 288 (as amended on January 19, 2015) “On approval of the administrative regulations for the provision by the Federal Migration Service of the state service for registration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation.”
Paragraph 119 of this order states: “Children left without parental care are registered at their place of stay in ... residential premises that are not their place of residence, occupied by the family of the guardian (trustee) ... in the manner established by the Regulations.”
Thus, the child must be registered at the place of residence of the guardian while under guardianship. Registration of a child under guardianship is carried out using Form No. 1 (“at the place of stay”).

Will payments be cut for those who are already raising children?

One of the guardians told our correspondent that almost all orphans raised by guardians have temporary registration. If you obtain permanent registration, children may lose housing from the state, which they are entitled to upon reaching the age of 18.

“It is not yet clear whether payments will be made to those families where children are already being raised under guardianship, living under temporary registration. In addition, there are fears that other regions will now, following Moscow, begin to shed their social obligations,” worries the adoptive father.

Ekaterina Arutseva, a mother of five children, two of whom are adopted, with disabilities and without permanent registration in Moscow, is also alarmed:

“I started ringing the bells a year ago.” My adopted son also has temporary registration in Moscow. In one rehabilitation center we were denied free rehabilitation precisely for this reason. But the question arises: where can my son rehabilitate himself? In the city where I brought him from? This is unrealistic. We have to raise money for paid rehabilitation.

At the same time, there is still no unanimity among Moscow guardianship inspectors regarding benefits. Some adoptive parents were warned that there could be cuts to guardianship fees due to the new decree. Their inspectors convince others of the opposite: those foster families that are already raising a child from another region without permanent registration will not lose their guardianship fee.

The child’s place of residence is the parents’ home

Comments on the situation lawyer Anton Zharov, head of the “Team of Lawyer Zharov”:

— It is important to remember that the logic of the law is as follows: if we are talking about guardianship and trusteeship, then we turn to the Family Code. If there is something unclear to us, we turn to civil law. This is directly stated in Article 5 of the Family Code.

Advocate Anton Zharov. Photo from thewallmagazine.ru

All questions about benefits and payments are determined at the place of residence. What is a place of residence? According to the Civil Code: “The place where a person permanently or primarily resides.” The place of residence of the ward is determined there: “The place of residence... of citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.”

Tells us the same thing Family code, Article 148, paragraph 1: “Children under guardianship (trusteeship) have the right to be raised in the family of a guardian (trustee), cared for by a guardian (trustee), and live together with him.”

But officials refer to the federal law of June 25, 1993 N 5242-1 “On the rights of citizens Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” Article 2 of this law states that the place of residence of a citizen is “a residential building, apartment, room<…>, in which he is registered at his place of residence».

But this law was adopted to solve a completely different issue, namely, the issue registration at the place of residence. Not the definition of such a place, but rather the process of registration at such a place of residence. In the same law, in Article 3, we read: “Registration or lack thereof cannot serve as a basis for restriction or a condition for the exercise of the rights and freedoms of citizens provided for by the Constitution of the Russian Federation, federal laws, constitutions (charters) and laws of the constituent entities of the Russian Federation.” And massive arbitrage practice tells us that the right of a citizen cannot but be exercised depending on his registration.

For example, during the time of Luzhkov, a registration fee for non-residents was invented - one hundred minimum wages. It was declared illegal. All attempts to tie the rights and obligations of people to the place of registration were suppressed.

What to do?

Lawyer Anton Zharov:

First. You need to understand that no one but you will protect the rights of the child and yours. Nobody else will do this. We need to go to court.

Second. You need to communicate with the guardianship authorities in writing. All applications can be submitted in free form: for example, to register a child, assign payments, or accept a case for consideration. At the end you need to write a legal phrase that works flawlessly: “I ask you to answer me on the merits of all the questions raised in the application in the manner and within the time frame established by law in writing to such and such an address.” And then wait calmly. After this you will be given a written response. You will go to court with him.

Third. The situation will sooner or later be resolved in your favor, because the court judges by codes, by laws, and not by resolutions of certain constituent entities of the Russian Federation.

How long will the trial last? The guardian should not worry about this at all. The fact is that if he brought the child from city N to Moscow, then he already has a guardianship order. He legal representative child, no one will take him away. True, there will be no payments all this time, but when the trial is over, they will be compensated.

Also, the guardian should not worry about the fact that the personal matter of the child who is under guardianship cannot be decided where to leave two guardians. This is also not the guardian's problem. The personal file of the child and the location of this personal file is a matter of control over you and the business of the guardianship authority.

For a child with a disability, adoption to the capital is salvation

Adoptive mother of many children Ekaterina Arutseva, reflecting on the situation, says:

— When I took children into custody, I knew: the state would help me raise them. And she was mentally prepared to take on another child. But now I’m unlikely to dare to do this, because I, as a Muscovite, will have to look for a child only in Moscow. In the region where I took my son from, there are many disabled children who could be adopted by Muscovites. There are more opportunities for rehabilitation in the capital. Where my son is from, children with illnesses will most likely remain in institutions.

The authors of the petition, which was posted on the Change.org portal a few weeks ago, are guided by the same considerations. She calls on the authorities to cancel Resolution No. 932-PP and allow Muscovites with children from the regions to register foster families.

“It is no secret that the majority of children in orphanages are sick children, disabled children who need specialists and qualified treatment. This requires real funds and a large number of the foster parent's time, the petition says. - It is in foster families that teenagers are taken, whose children have parents in prison and whose rights are limited. In a word, they take in those who do not qualify for adoption. It is Muscovites who take such children from the regions: they take them, treat them, educate them, adapt them and give them a decent education. Not every foster mother has the opportunity to work somewhere, and her salary as a foster parent is the only source of income.”

The petition is addressed to the Moscow City Duma, Commissioner for Children's Rights of Russia and Moscow Pavel Astakhov and Evgeniy Bunimovich. About 1,700 people signed it.

The Public Chamber of the Russian Federation also joined in solving the problem. In March, the OP plans to hold hearings on the problems of foster families. This was reported by Yulia Zimova, a member of the OP commission for supporting family, children and motherhood.

The portal Mercy.ru will continue to look into the situation. We made a request about the current situation to the Ministry of Education, to which the guardianship authorities are subordinate.

If you have the right to receive housing, then by law you must be included in the list of orphans in need of housing. This procedure is called “registration”.

Please note that you can register orphans in need of housing from 14 to 23 years of age. After this age, this can only be done with the help of a lawyer through the court. And only if there are good reasons for untimely delivery.

Petr Ivanov Lawyer

Usually, orphans who were brought up in a boarding school are registered by the administration of the boarding school. This data is stored in your personal file. If the administration has not done this, after 18 years of age you must register yourself.
Orphans who were under guardianship must be registered by a guardian.

Step 1: Gather your documents

The following documents will be required for registration.

Document	Where to get it
Resolution on sending to an educational institution (boarding school) or establishing guardianship
A court decision on deprivation of parental rights or a death certificate of parents. Other documents that confirm the lack of parental care.	In a personal matter. It is kept in the last completed educational institution or with a guardian.
Certificate of absence of real estate ownership, or certificate of ownership + document establishing the fact of impossibility of living in existing housing	Bureau of Technical Inventory (BTI), Federal Service for State Registration, Cadastre and Cartography (Rosreestr)
Certificate of residence at the registration address (registration)	At the housing department at the place of registration. If a private house, then a copy of the house register
Birth certificate	Located in your personal file or on hand. If lost, you can restore it at the registry office at the place of birth.
Passport

Step 2. Fill out the application

Print out information about being included in the list of orphans in need of housing. Fill it out by hand.

Attach copies of documents (certificate from the BTI and from the place of residence are provided in the original).

If you are a guardian or other legal representative of an orphaned minor, submit an application on your own behalf. In this case, you need to attach documents confirming your authority (decree on the appointment of guardianship).

Step 3: Submit your application

Submit an application to the administration at your place of residence. This can be done in two ways:

By mail. Send documents by registered mail with notification. It is important to keep the shipping notification. It may be needed later.

Personally. Take it personally to the office. Make a copy of the application in advance and take with you the originals of all documents collected previously. Be sure to ask for a date and a mark on the copy of the application indicating that it was accepted.

By law, authorities are required to respond within 30 days of receiving the application.

What to do if the administration refuses to accept an application for registration?

By law, the administration can refuse to accept an application for registration only if it is not signed and does not indicate on whose behalf it is being submitted (anonymous). The absence of any documents is not a reason for non-acceptance of the application and package of documents. If something is missing, then the authority must ask for something to be conveyed, or refuse registration in writing, indicating specific reasons.

If documents are refused to be accepted in person, send them by registered mail with notification. In this case, the administration will be forced to refuse in writing and such a response can be challenged through the prosecutor's office or court.

Is it possible to register orphans in need of housing after 23 years of age?

Only those orphans who are registered before the age of 23 can receive housing.

If the orphan was not registered before this age, in some cases the right to housing can be proven through the court. This will require someone who understands the peculiarities of judicial practice.

The most important thing in such cases is to prove that the orphan had significant obstacles that prevented him from registering as needy in a timely manner. Ignorance of the law and procedures, as well as failure to act, are not valid excuses.

What to do if registration is denied?

It is necessary to understand whether the refusal is legal or not. Please consult a lawyer.

You can complain about an illegal refusal to the prosecutor's office or to court.

If you have doubts about the legality of the refusal and you cannot figure it out on your own, it is better to seek advice from a lawyer.

Where can I go to get registered?

Depending on the region, different government agencies maintain records of orphans in need of housing. For example, in the Ryazan region the regional Ministry of Education is involved in this.

Where to apply in your region you need to check with the guardianship authorities. In the Ryazan region, the administration at the place of residence is responsible for accepting such applications. From there, the documents are forwarded to the Ministry of Education.

Can they be deregistered after age 23?

If you were registered before the age of 23, you can be removed from it only after housing has been provided.

In addition, you may be removed from the register of those in need if, before providing housing, you become the owner of a residential premises, or a tenant/family member of a municipal housing tenant.

They can also be deregistered if there is housing in respect of which the fact of impossibility of return has been established and the circumstances that led to the establishment of such a fact have disappeared. For example, if the number of registered citizens changes downwards or a person with a disease from the list stops living in the housing, etc.

In other cases, deregistration is illegal and must be appealed in court or the prosecutor's office.

Today, citizens who have the status of orphans live and work in the Russian Federation.

Many of them have the right to, as well as the opportunity, since they do not have their own.

But few of them know about the age at which documents must be submitted? What legal provisions govern this issue? Where to go.

Let's look at all this in more detail.

Legislative framework of the issue

Today, the issue of providing housing for the category of orphans is regulated by the following: legislative acts:

1. Family Code of the Russian Federation, in particular Article No. 54;
2. Family Code of the Russian Federation, in particular Article No. 123;
3. Federal law No. 159, which provides additional benefits for orphans;
4. Civil Code of the Russian Federation, in particular Article No. 292.

If we talk about ourselves requirements to the housing provided, they are as follows:

• the living space must be separate (this means the absence of part of a communal apartment);
• The living space must necessarily include: water supply and drainage, electricity, heating and other plumbing fixtures (toilet, shower, etc.).

In addition, it is necessary to pay attention to the fact that the provided living space must be located directly in the region where the applicant for its receipt lives.

In the event that for some reason there is no registration, housing must be provided directly in the region where it is located.

In Article 8 of Federal Law No. 159 of the Russian Federation on state support for orphans, specific norms for the allocation of housing space are not indicated, but it is indicated that each municipality has its own size of provision of living space under the contract.

Conditions for allocating living space

The current legislation of the Russian Federation clearly states the mandatory conditions, meeting which one can count on receiving social housing.

In particular, we are talking about such conditions, How:

• the orphan does not already have allocated social housing, which was received directly under a rental agreement, including for his relatives or family members;
• the applicant for housing must not necessarily be the owner of social property that was previously received under a rental agreement;
• applicants for residential property must currently live in conditions that are considered more than unacceptable.

As indicated in the last paragraph, one of the key conditions is considered to be such a concept as “the inability to live in the current place.”

It is necessary to take into account that the inability to live in one’s current place recognized in such cases:

• family members who have serious, directly chronic diseases live in the same living space with the orphan;
• citizens who were previously deprived of parental rights live in the same square with the orphan;
• the living space in which the orphan lives is officially recognized as uninhabitable;
• The living space does not fully comply with sanitary standards.

Another condition under which you can obtain housing is that you have already received living space, but at the same time its square footage is significantly less than that required by the legislation of the Russian Federation.

Submission procedure

First of all, it should be remembered that housing must be provided for the orphan child until he reaches the age of 23 years old or he will become fully capable. If we talk in simple words, then an orphan who graduates from an educational institution or is demobilized from military service should already have his own living space.

Since 2013, housing for orphans is provided exclusively under a social rental agreement. The contract itself has a validity period of 5 years, no less.

At the same time, housing for such categories of Russian citizens is provided in order, and it is impossible to get it without a queue.

It is important to consider that after the 5-year period of the rental agreement has expired, the provided living space can be completely transferred to the orphan’s indefinite use.

It is also necessary to take into account the fact that the new procedure for providing residential premises should completely exclude possible machinations of officials, since such residential premises cannot be privatized, sold or transferred for use to other citizens who are not orphans.

In this case, it is possible to receive instead of living quarters monetary compensation , which should be enough to buy a home.

Where should I contact?

To obtain free social housing for an orphan child, you should first contact to the guardianship and trusteeship authorities with everyone necessary documents and get in line.

It should be remembered that it is necessary to contact the guardianship and trusteeship authorities until the age of 23.

It must be remembered that after an orphan turns 23 years old and has not submitted the appropriate documents, the right to receive housing disappears.

Queuing for housing

Until recently, the Housing Code of the Russian Federation clearly stated that every orphan child had to receive living space under a rental agreement out of turn. But now everything is a little different.

Every orphan child must be on the waiting list for housing between the ages of 18 and 23.

Moreover, if an orphan was unable to get an apartment before the age of 23, for the reason that his turn did not come, he is not removed from this queue and continues to be in it until he receives living space. In practice, there were cases when orphans received living space even at the age of 40-50 years.

Procedure

The queuing algorithm itself is regulated by both regional bills and Federal Law No. 159.

In particular staging algorithm for accounting is as follows:

List of required documents

According to the current legislation of the Russian Federation, orphans must prepare such package of documents:

• original and copy of passport;
• a document confirming the status of an orphan;
• original ;
• a document confirming the fact that you do not own your real estate;
• a certificate from the place of study or work;
• original marriage registration certificate, if the orphan is married;
• birth certificates of your children, if available;
• 2 applications: one to the guardianship and trusteeship authorities, the second - directly to local authorities.

It is worth noting that statement written in free form. The legislation does not provide any clear framework.

At the same time, it is mandatory must be contained:

• applicant's initials;
• passport details;
• information about the certificate of an orphan;
• requirement for provision of living space;
• date of compilation;
• applicant's signature.

In this case, submission of documents by an authorized person is unacceptable. All documents are submitted directly by the orphan child himself.

Terms of housing provision

If we talk about the timing of the provision of such housing, then they are, frankly speaking, unknown. Why? Everything is quite simple.

The whole problem is that the number of housing in each region is approved directly by the regional authorities themselves. They allocate apartments for the next year exactly as many as the local budget allows.

As practice shows, housing can be obtained in 10 or 20 years.

Possibility of registering the provided housing as private property

Every citizen of the Russian Federation who has the status of an orphan has the right to privatize an apartment provided for use by local authorities.

However, there are small nuances. They consist in the fact that if an agreement on the provision of specialized housing was initially drawn up between the recipient of the living space and the local government itself, then privatization is impossible. At the same time, after a 5-year period, such an agreement is terminated and an open-ended social tenancy agreement is drawn up, under which privatization is possible.

If the social tenancy agreement was drawn up immediately, then privatization can begin as soon as the agreement is signed, regardless of whether 5 years have passed or not.

If local authorities refuse to privatize property provided under a social tenancy agreement, then the recipient has every right to challenge this decision in the court at his place of residence. As a rule, in 90% of cases the court takes the side of the applicant, that is, the recipient of the property.

Problems with housing allocation

First of all, it is necessary to understand the mechanism itself by which real estate can be obtained for use from the state for these categories of citizens.

Initially, after a person was left an orphan, his parents probably had some kind of real estate. She is immediately assigned to the child. Once he turns 18, the guardianship and trusteeship authorities grant him the right to dispose of this property. Essentially, OOP is guarantor of safety such property until its rightful owner comes of age and thereby resolving the issue of providing housing.

But there are often cases when an orphan is not the only owner of such real estate, and third parties, after the orphan comes to such an apartment, simply do not allow him to live there. At this moment, all the problems begin for the orphan, because it is necessary to get on the waiting list and wait to receive an apartment from the state, and the guardianship and guardianship authorities, including the courts, cannot help the orphan return the property from his parents to his own.

Real estate is guaranteed to orphans by the state, but this issue is entrusted to regional authorities, who must provide housing purchased from the local budget. But this budget, on average, allows you to purchase 3-5 apartments for orphans in the region. What will happen to the rest? The rest should wait already next year and perhaps their turn will come.

According to statistics, the waiting period for housing varies from 5 to 10 years. For this reason, we can say with confidence that there are considerable problems in providing housing for orphans, and their solution may take at least 3-4 years, since everyone perfectly understands the current economic situation in the country.

Changes in 2019

On January 1, 2019, changes to Article 8 of Federal Law No. 159-FZ came into force, according to which residential premises are provided to orphans, upon their written application upon reaching the age of 18 years.

Now the procedure for creating a list of persons who are subject to provision of residential premises, the application form for inclusion in the list, an approximate list of documents required for inclusion in the list, the timing and grounds for making a decision to include or refuse inclusion in the list, as well as the timing of inclusion in the list are established by the Government of the Russian Federation, and the guardianship authorities monitor the timely submission of applications for inclusion of these children in the list and, in the event of failure to submit such applications, take measures to include these children in the list.

If orphans and persons from among them, upon reaching 18 years of age, have not exercised their right to be provided with living quarters, they have the right to independently apply in writing to be included in the list.

Persons are excluded from the list provided that they are included in the list in another subject of the Russian Federation due to a change of residence.

The following video shows how orphans receive living space from the state:

Identification and registration of children left without parental care.

Article 20 of the UN Convention on the Rights of the Child states that “a child who is temporarily or permanently deprived of his family environment or who, in his own best interests, is unable to remain in such an environment, has the right to the special protection and assistance provided by the State.”

Ratification by Russia of this international legal act entailed the inclusion in the RF IC of Section VI on the forms of raising children left without parental care, which opens in Chapter. 18, specifically dedicated to identifying and recording such children.

An approximate list of cases when a child is considered left without parental care is given in paragraph 3 of Art. 31 Civil Code of the Russian Federation, clause 1, art. 121 RF IC: death of parents, deprivation of their parental rights, restriction of them in parental rights, recognition of parents as incompetent, illness of parents, prolonged absence of parents, evasion of parents from raising children or from protecting their rights and interests, including refusal of parents to take their children from educational institutions, medical institutions, institutions social protection population and other similar institutions.

In the Federal Law of December 21, 1996 No. 159-FZ “On additional guarantees for social support orphans and children left without parental care" also contains a list of situations in which a child is left without parental care, and it is broader than that given in the RF IC. There, in addition to the list of the Investigative Committee of the Russian Federation, the following are named: recognition of the parent as missing, restriction of his legal capacity, sentencing to imprisonment, finding the parent in places of detention as suspects and accused of committing a crime.

This Law also provides legal definitions of the following concepts:

1) orphans are persons under 18 years of age whose both or only parent have died;

2) children left without parental care are persons under 18 years of age who find themselves in situations, the list of which is given in Art. 1 of the Law on additional guarantees for social support for orphans;

In these cases, the child should not be left unprotected. This task is undertaken by the state in the person of specialized bodies - guardianship and trusteeship, the functions of which are assigned to the executive authorities of the constituent entity of the Russian Federation (clause 1 of article 34 of the Civil Code of the Russian Federation, clause 2 of article 121 of the RF IC, Federal Law on Guardianship and Trusteeship , Article 9 of the Law of the Samara Region of April 2, 1998 No. 2-GD “On the organization of activities for the implementation of guardianship and trusteeship in the Samara Region”).

To carry out their activities, guardianship and trusteeship authorities are vested with powers, among which some of the most important are the identification, registration and placement of orphans, children left without parental care, minors who do not have conditions for upbringing in a family, as well as subsequent monitoring of conditions their maintenance, upbringing and education (paragraph 2, paragraph 1, article 121 of the RF IC, articles 10, 11 of the Law of the Samara Region of April 2, 1998 No. 2-GD).

These functions are the exclusive competence of the guardianship and trusteeship authorities. Therefore, the activities of other bodies and institutions, in particular, institutions in which there are children left without parental care (educational, medical, social protection of the population), public associations, as well as citizens (individuals) to identify and place children left without care parents, is not allowed by law (para.

3 p. 1 art. 121 SK). This means that it is prohibited to take targeted measures to search, register and determine the fate of children deprived of parental care, which, however, does not exclude their active assistance to the guardianship and trusteeship authorities in the timely identification of such children. In order to assist the guardianship and trusteeship authorities in identifying such children, the law obliges other officials and citizens to immediately report all cases of loss of parental care by children that become known to them. Such information is available in preschool educational institutions(at the place of education of minors), in health care institutions, in housing authorities at the place of residence of minor children and their parents, in the bodies of inquiry and preliminary investigation and the prosecutor's office (arresting parents), as well as in the registry office at the place of state registration of the death of parents of minors or birth of children. Cases cannot be excluded when orphans and children left without parental care are identified during the registration of internally displaced persons. In such cases, the territorial migration service authorities interview these children, after which they are transferred to the guardianship and trusteeship authorities.

Paragraph 2 clause 1 art. 122 of the Family Code establishes a rule according to which the guardianship and trusteeship authority is obliged to conduct an examination of the child’s living conditions within three days from the date of receipt of such information.

The purpose of such an examination is to check the reliability of the information received (familiarization with the child, with the conditions in which he is located), and when establishing the fact of the lack of care of his parents or his relatives, the executive authority of the subject of the Russian Federation must ensure the protection of the rights and interests of the child until the issue of his device.

During the initial examination, two documents are drawn up: an examination report and a conclusion based on it (an assessment of the collected facts, conclusions and proposals on the form of the child’s possible placement). At the same time, it is necessary to find out the existence of property owned by the minor and take measures to protect the property rights of the minor and preserve this property (an inventory of the property has been made and other actions provided for by Order of the Committee for Family Affairs of the Samara City District Administration dated February 26, 2007 No. 16- R).

All children identified in one way or another as being left without parental care are subject to registration.

Activities for organizing accounting are carried out in accordance with the rules established by the RF IC, as well as Federal Law dated April 16, 2001 No. 44-FZ “On state bank data on children left without parental care.” In furtherance of the provisions of this Law, the Government of the Russian Federation, by its resolution dated April 4, 2002 No. 217, approved the Rules for maintaining a state data bank about children left without parental care and for monitoring its formation and use. In addition, Order No. 2482 of the Ministry of Education of the Russian Federation dated June 28, 2002 established the Procedure for organizing work on maintaining a state data bank on children left without parental care.

Three types of accounting can be distinguished: primary, regional and regional.

Primary accounting. As already noted, if children left without parental care are identified, the latter must be taken into account and registered. Information about them is entered into the primary register of children left without parental care, in the form in accordance with Appendix No. 1 to the Procedure for organizing work on maintaining the state data bank of guardianship and trusteeship authorities (clause 2).

Within one month from the date of receipt of information about a child left without parental care, the guardianship and trusteeship authorities at the place of his location are obliged to ensure his placement by transferring the child to a family of other citizens living within the municipality, or to arrange his placement in some in a different form.

Regional accounting. If it is impossible to place a child in a family at the place of his actual location within a month from the date of establishment of the fact of loss of parental care, information about him is sent by the guardianship and trusteeship authorities electronically by e-mail (or by modem connection, or on magnetic or laser disks) to the relevant regional operator to enter information about the child into the regional data bank. Children's questionnaires are accompanied by a cover letter indicating a list of children (last name, first name, patronymic, date of birth).

Based on reports from the guardianship and trusteeship authority, the regional operator creates a regional data bank about children left without parental care and living in the territory of this constituent entity of the Russian Federation. The executive authority of a subject of the Russian Federation, within a month from the date of receipt of information about the child, organizes his placement in a family of citizens living on the territory of this subject Russian Federation, and also carries out the selection of children for persons who have expressed a desire to adopt a child (clause 3 of Article 122 of the Family Code).

Federal accounting. If it is not possible to place a child in a family of citizens living on the territory of a given constituent entity of the Russian Federation, the regional operator sends information about the child (a copy of the application form and a photo of the child) to the federal executive body to record in the federal data bank about children left without parental care and provide assistance in the subsequent placement of the child in a family of citizens of the Russian Federation permanently residing on the territory of the Russian Federation.

Currently, the federal executive body entrusted with the responsibility of registering such children by the Government of the Russian Federation is the Ministry of Education and Science of the Russian Federation.

Regional data banks on children left without parental care and the federal data bank on children left without parental care constitute a state data bank on children left without parental care, which is a collection of information resources at the regional and federal levels, as well as information technologies collection, processing, accumulation, storage, search and provision of documented information to citizens about children left without parental care.

The state data bank contains information not only about children left without parental care, but also about citizens who want to foster a child - candidates for adoptive parents, guardians, trustees, foster parents.

Documented information about children left without parental care is created in order to keep records of children left without parental care; providing assistance in placing children without parental care in families of Russian citizens permanently residing in the territory of the Russian Federation; creating conditions for the realization of the right of citizens who wish to accept children to be raised in their families to receive full and reliable information about children left without parental care (Articles 3, 6, 7 of the Law on the State Data Bank).

According to Art. 8 of this law, the child’s questionnaire and the citizen’s questionnaire are classified as confidential information. The procedure for accessing confidential information about children left without parental care and citizens wishing to adopt children into their families is determined by Article 11 of the Law on the State Data Bank.

If the data about the child contained in the child’s application changes: the child’s location, a medical report on the child’s health status, data on the physical and mental development, information about parents, minor brothers and sisters and other adult relatives, legal grounds for placing a child in a family, information on measures to place and assist in placing a child in a family of citizens of the Russian Federation permanently residing in the territory of the Russian Federation, undertaken by the guardianship and trusteeship authorities, the regional operator, as well as when clarifying other information about the child (last name, first name, patronymic, date of birth, citizenship, etc.), the guardianship and trusteeship authority, the regional operator, within 3 days, inform the regional operator about this, respectively and the Ministry of Education of the Russian Federation, in accordance with Appendix 3 to the Procedure for organizing work on maintaining the state data bank dated June 28, 2002 No. 2482.

To ensure the preferential placement of children in the families of citizens of the Russian Federation permanently residing in the territory of the Russian Federation, information about which is registered, in the form according to Appendix 4 to this Procedure, in the appropriate regional data bank about children, in cases where these citizens did not have the opportunity to choose child in the region at their place of residence, the regional operator can contact the Ministry of Education of the Russian Federation with a request to obtain information about children registered in the federal data bank about children and corresponding to the wishes of the citizen.

The basis for sending a request by the regional operator is a written application from a citizen wishing to adopt a child into his family to provide information about the child (children) registered in the federal data bank about children.

The regional operator, within 3 working days from the date the citizen submits the application, sends to the Ministry of Education of the Russian Federation a request, in the form in accordance with Appendix 5 to this Procedure, to provide information about the child (children) registered in the federal data bank about children in the relevant constituent entity of the Russian Federation specified in the request.

The Ministry of Education of the Russian Federation, no later than 10 working days from the date of receipt of the specified request, sends to the regional operator derivative information about children, information about which is contained in the federal data bank about children and corresponds to the request. An appropriate note is made in the child’s application form, information about which is sent to the regional operator.

The regional operator brings the derivative information received from the Ministry of Education of the Russian Federation to the attention of the citizen within three days from the date of its receipt and within seven days from the date the citizen familiarizes himself with the above information in writing, in the form according to Appendix 6 to this Procedure, notifies the Ministry of Education of the Russian Federation about the citizen’s decision to visit the child he has chosen or continue the search for the child in accordance with the wishes of the citizen.

After receiving notification of a citizen’s decision to visit his chosen child, the Ministry of Education of the Russian Federation informs in writing within five days the regional operator at the location of the selected child about sending the child’s questionnaire and referral to the institution where the child is located to the regional operator at the citizen’s place of residence.

If it is necessary to continue the search for a child, the Ministry of Education of the Russian Federation at least once a month sends to the regional operator derivative information about children, information about which has again been received in the federal data bank about children and corresponds to the request.

Notification by the regional operator of the Ministry of Education of the Russian Federation of the citizen’s desire to continue the search for the child is a prerequisite for its continuation.

The guardianship and trusteeship authority, before familiarizing a citizen with the profile of a child whose information is registered in a regional data bank about children, is obliged to promptly find out from the regional operator whether referrals have previously been issued to visit this child.

To resolve the issue of adoption of a child by a citizen of the Russian Federation permanently residing outside the Russian Federation, a foreign citizen or a stateless person, the regional operator, in the prescribed manner, sends to the Ministry of Education of the Russian Federation a written request, in the form according to Appendix 7 to this Procedure, for confirmation of being in recording information about the child being adopted in the state data bank about children.

The Ministry of Education of the Russian Federation, in writing, in the form in accordance with Appendix 8 to this Procedure, confirms that information about the child being adopted is registered in the state data bank about children and the impossibility, within the period established by law, of placing the child for upbringing in a family of citizens of the Russian Federation permanently residing in the territory of the Russian Federation and who have applied to the federal children's data bank.

The guardianship and trusteeship authority, the regional operator are obliged to report, respectively, to the regional operator, the Ministry of Education of the Russian Federation, in the form in accordance with Appendix 9 to this Procedure, information about the termination of registration of information about the child in the state data bank about children (clauses 4-9 of the Procedure for organizing work maintained by the state data bank dated June 28, 2002 No. 2482).

The grounds for terminating the recording of information about a child left without parental care in the state data bank about children are listed in Art. 9 of the Law on the State Data Bank. They include, in particular, the following circumstances:

placement of a child left without parental care into a family; return of a child left without parental care to his parents or parent; the achievement of the age of majority by a child left without parental care or the acquisition of full legal capacity by such a child before reaching adulthood; death of a child left without parental care.

The basis for terminating the registration of information about a citizen who wishes to adopt a child into his family in the state data bank about children is:

adoption by a citizen of a child to be raised in his family;

a written application from a citizen wishing to adopt a child into his family to stop recording information about him in the state data bank about children;

a change in circumstances that provided a citizen with the opportunity to adopt a child into his family;

death of a citizen wishing to adopt a child into his family.

2. Adoption

2. Procedure and legal consequences of adoption

3. Cancellation of adoption

Adoption is one of the oldest institutions family law, which has existed for thousands of years in the legislation of most countries of the world (with the exception of Muslim countries), and in many legal systems its emergence was associated with the purpose of procreation, preserving the family, since the bulk of the property (real estate, land) could only be transferred to a male person. Therefore, in their absence, adoption was allowed even for adults. IN modern world attitudes towards adoption have changed, the center of social value of this institution has shifted from preserving property within one family to protecting the rights and interests of the adopted person.

In Russia, at different historical periods, the attitude towards the institution of adoption was ambiguous1. Currently, in the Russian Federation, adoption is one of the most common forms of placement for children left without parental care. Thus, according to statistics from the Ministry of Education and Science of the Russian Federation, during the period from 1980 to 1995, 144 thousand children were adopted in Russia.

1. The concept and conditions of adoption under Russian legislation

The term “adoption” is used in legal literature in various meanings: 1.

as a form of placement for children left without parental care, as a legal act and as a fact of legal significance; 2.

as the establishment between the adoptive parent (his relatives) and the adopted child (his offspring) of legal relations (personal and property), similar to those existing between blood parents and children; 3.

as a social relationship, the essence of which boils down to the fact that an outside child is accepted into the family for the purpose of maintaining and raising him as his own son or daughter. 4.

as a method used by the court to protect the rights and interests of the child (this approach is based on the appointment of adoption).

As a result of adoption, the most favorable opportunities arise for raising a child left without parental care in a family environment. This institute allows the best way combine the interests of children in need of adoption and the interests of citizens adopting children.

The subjects of adoption relations are the adoptive parent and the adopted children.

Children eligible for adoption. As before (Article 98 KoBS RSFSR), paragraph 2 of Art. 124 of the RF IC establishes that adoption is allowed only in relation to minor children who have lost parental care, and only in their interests. Clause 2 of the Rules for transferring children for adoption and monitoring the conditions of their life and upbringing in the families of adoptive parents on the territory of the Russian Federation, approved. Decree of the Government of the Russian Federation of March 29, 2000 No. 275 lists the reasons why children may lose parental care.

In most CIS and Baltic countries, adoption is also allowed only for minors. An exception to the rule is made only by the legislation of the Republic of Latvia, which allows the adoption of adults, but only if, at the time of adoption, a parent-child relationship has already been established between the adoptive parent and the adoptee. In addition, in addition to the listed age conditions, children can be adopted in Ukraine only after they reach two months of age.

The adoption law is based on the fundamental principle of family law - ensuring priority protection of the rights and interests of minor children. Respect for their interests is a prerequisite for any adoption. The Plenum of the Supreme Court of the Russian Federation clarifies that the interests of children during adoption should be understood as creating favorable conditions for them (both material and moral) for their upbringing and comprehensive development(see paragraph 2 of paragraph 15 of the resolution of the Plenum of the Supreme Court of the Russian Federation of April 20, 2006 No. 8 “On the application of legislation by courts when considering cases of adoption of children) (hereinafter referred to as RF PPAS No. 8).

When adopting a child, his ethnic origin, belonging to a particular religion and culture, native language, the possibility of ensuring continuity in upbringing and education, as well as the opportunity to provide the adopted children with full physical, spiritual and moral development must be taken into account (see paragraph 1, paragraph 15 of the PPVA RF No. 8).

It is in the interests of children that the RF IC prohibits the adoption of children who are brothers and sisters, by different persons, with the exception of certain cases when such adoption, for one reason or another, is in the interests of minors. The concept of exceptional cases in legislation is very general and often leads to a violation of the interests of the adopted child. Thus, in the practice of one of the courts, a case arose when the question was about establishing the adoption of a 4-year-old girl who had an 8-year-old brother. The boy suffered from organic brain damage and needed special care, care and treatment. The children knew about their relationship and lived together for three years. In this situation, the court, guided by Art. 124 of the RF IC, refused to establish adoption. Although the decision in this case was subsequently revised, since the adoption of only one child in this situation met not only the interests of the girl, but also her brother, since he needed special care.

Consequently, practice should proceed from the fact that the separation of brothers and sisters during adoption can be allowed in cases where the children have never lived together, were not raised, are not aware of each other and do not know about their relationship, when one of the children needs maintenance in a specialized medical institution, as well as in other cases when adoption would be in the interests of a particular child.

From the materials of the case on the adoption of minor M. by the G. spouses, it is clear that the adoptee has a brother. Her parents were deprived of parental rights, which was confirmed by a copy of a court decision made in 1993. The basis is child abuse, use of physical violence. At that time, the parents were not deprived of parental rights in relation to the adoptee’s brother. The law does not directly indicate how the court should act in such a case. At first glance, in this situation, the court, having considered the case of deprivation of parental rights in relation to the adoptee, actually recognized their separation as acceptable and in accordance with the interests of the children. And, therefore, the court hearing the adoption case does not need to go into consideration of this issue. However, taking into account the circumstances of the case, the reasons for depriving the parents of parental rights in relation to the adoptee, her awareness that she has a brother, the need to respect the right of brothers and sisters to live and be raised together, the court should have established: the location of the adoptee’s brother, whether the parents were deprived of parental rights rights in relation to him, whether his adoption is required in connection with the loss of parental care for other reasons (death of parents, recognition of their incompetence). The Supreme Court of the Russian Federation could provide the relevant guidance, and the draft Code of Civil Procedure should include rules regulating the adoption of brothers and sisters if the parents are deprived of parental rights in relation to one of them, but not in relation to the other (others).

Only a person can be adopted minor child, i.e. a person under 18 years of age. A child cannot be adopted, although he has not reached the specified age, but is emancipated in the manner prescribed by law (Article 27 of the Civil Code). Upon reaching the age of majority or upon emancipation, a person is recognized as fully capable (Article 21 of the Civil Code), and the need for his upbringing, protection of his rights and interests disappears, and, consequently, the purpose of adoption - providing the child with an upbringing in a family - disappears. Adoption cannot be permitted in cases where the child was actually raised until adulthood in the family of the person wishing to adopt him. The fact of the existence of such relations cannot be established in court.

As for candidates for adoptive parents, the requirements for them are established by Art. 127 of the RF IC, clause 3 of the Rules for transferring children for adoption and monitoring the conditions of their life and upbringing in the families of adoptive parents on the territory of the Russian Federation, approved. Decree of the Government of the Russian Federation of March 29, 2000 No. 275.

According to paragraph 1 of Art. 127 of the RF IC, adoptive parents can be adults of both sexes. Minor citizens cannot be adoptive parents, even if they acquire full civil capacity (Articles 21, 27 of the Civil Code of the Russian Federation), since the RF IC has established an age limit for acquiring the right to be an adoptive parent (see clause 8 of the RF PPVS No. 8). Similar rules regarding age limits have been established in some foreign countries. Thus, according to the French Civil Code, an emancipated minor also does not have the right to be an adoptive parent (Article 481).

Adoptive parents must be able to adequately fulfill parental responsibilities. In this regard, Art. 127 of the RF IC establishes a ban for certain categories of citizens to be adoptive parents (see clause 8 of the RF PPVS No. 8). These include: *

persons recognized by the court as incompetent or partially capable; *

spouses, one of whom is recognized by the court as incompetent or partially capable; *

persons deprived of parental rights or limited by the court in parental rights; *

persons removed from the duties of a guardian (trustee) for improper performance of the duties assigned to him by law; *

former adoptive parents, if the adoption was canceled by the court due to their fault; *

persons who, for health reasons, are unable to exercise parental rights. The list of diseases, in the presence of which a person cannot adopt a child, take him into guardianship (trusteeship), or take him into a foster family, is established by the Government of the Russian Federation. These diseases include: tuberculosis (active and chronic) of all forms of localization in patients of groups I, II, V of dispensary registration; diseases internal organs, nervous system, musculoskeletal system in the stage of decompensation; malignant oncological diseases of all localizations; drug addiction, substance abuse, alcoholism; infectious diseases before removal from dispensary registration; mental illnesses in which patients are recognized in accordance with the established procedure as incompetent or partially capable; all diseases and injuries that led to disability of groups I and II, excluding the ability to work; *

persons who, at the time of adoption, do not have income to support the adopted child living wage, established in the subject of the Russian Federation in whose territory the adoptive parents (adoptive parent) reside; *

persons who do not have a permanent place of residence, as well as living quarters that meet the established sanitary and technical requirements; *

persons who, at the time of adoption, had a criminal record for an intentional crime against the life or health of citizens.

Adoptive parents can be both spouses and single persons, both those married to the father (mother) of the child (for example, stepfather, stepmother), and those who are complete strangers to the child being adopted. However, adoptive parents most often become married couples who are deprived of the opportunity to have their own children.

The RF IC contains a ban on the adoption of the same child by persons who are not married to each other (unlike the previous IC of the RSFSR). It seems that this innovation is associated with the desire of the legislator to give the relationship between the adoptee and the adoptive parents a character that is as close as possible to the relationship between parents and children. The same goal is pursued by the norm of the law on age parameters, in particular, paragraph 1 of Art. 128 of the RF IC establishes that the age difference between an unmarried adoptive parent and the adopted child must be at least sixteen years. For reasons recognized by the court as valid, the age difference may be reduced. The RF IC does not contain a list of such reasons (even an approximate one). Therefore, this issue must be decided by the court individually in each specific case, depending on the relationship between the adoptive parent and the adoptee that existed before the adoption (for example, if the child considers him to be his parent, etc.). When a child is adopted by a stepfather (stepmother), there is a difference in age established by clause 1 of Art. 128 RF IC, not required.

Similar requirements are established for candidates for adoptive parents in the CIS and Baltic countries. In all countries, only an adult person can be an adoptive parent. In Estonia, Latvia, and Moldova, the age limit (an absolute age requirement) is 25 years. With the permission of the court in Estonia and Moldova, this age can be reduced; no minimum age difference is established.

In other countries, legislators set a minimum age difference. Thus, in Kazakhstan and Belarus a difference of 16 years is required, in Ukraine – 15 years, in Latvia – 18 years. However, in all these cases it can be reduced for reasons recognized by the court as valid. Only in Tajikistan the court does not have such a right. When a child is adopted by a stepfather or stepmother, its presence is usually not required. In Ukraine, such a difference is not required if the child is adopted by relatives.

Unlike Russian family legislation, the legislation of some CIS countries provides for a qualification regarding the maximum age of the adoptive parent. Thus, the IC of the Republic of Moldova prohibits adoption by persons who have reached the age of 50, except in cases where the child is adopted by spouses and one of them has not reached this age, or when the spouse adopts the child of the other spouse, or when the child lived in the family of the future adoptive parents until they reached age 50 years.

A number of conditions necessary for an adoption to take place relate to the individual. In general, they are similar to the rules established by the RF IC. In particular, incapacity (limited legal capacity), deprivation or restriction of parental rights, removal from the duties of a guardian (trustee) for improper performance, cancellation of adoption due to the fault of the adoptive parent, a number of diseases (the list is established by the Governments of the relevant republics) are facts the presence of which excludes possibility of adoption in Kazakhstan, Tajikistan, Estonia, Belarus, Moldova.

In addition, Moldova also imposes a ban on adoption for persons who behave immorally, as well as for persons who submitted false documents when registering adoption. In Kazakhstan and Tajikistan, the incapacity (limited legal capacity) of the adoptive parent's spouse is an obstacle to adoption. The legislation of Ukraine, Moldova, Estonia, and Latvia does not establish such a prohibition.

Legislation of all countries under consideration Special attention focuses on cases of adoption of those who have brothers and sisters. Adoption of brothers and sisters by different persons is not permitted, unless it is in the best interests of the child. In this case, the interests of the child are understood to be the same circumstances as in Russian family law (for example, the presence of one of the brothers or sisters with an incurable congenital, acquired or inherited disease). At the same time, in Belarus, the separation of brothers and sisters is also possible if the adoptive parents do not insist on maintaining the secrecy of adoption and undertake not to interfere with the communication of the adopted child with his brothers and sisters.

The family legislation of the CIS and Baltic countries also contains a rule, also available in the RF IC, that the adoption of one child by two persons who are not married to each other is not allowed. However, adoption of a child by one unmarried person is permitted.

The law includes obtaining the consent of an established circle of persons as conditions for adoption: *

the child’s parents or persons replacing them; *

the child himself, who has reached the age of 10 years; *

the spouse of the adoptive parent, if the child is adopted by one of the spouses.

Parents' consent to the adoption of their child.

If the child being put up for adoption has parents, their consent to the adoption must be obtained. The law requires the consent of both parents, regardless of whether they live together or not. One of them has no right to express consent on behalf of the other. The refusal of one of the parents excludes the possibility of adoption and does not require justification or motivation.

See clause 9 of the RF PPVS No. 8.

A special approach requires resolving the issue of placing children of unmarried minor parents (primarily single minor mothers) for adoption. Art. 129 of the RF IC, such adoption is permitted. Moreover, if children of minor parents who are fully vested with parental rights and responsibilities are put up for adoption, i.e. who have reached the age of 16, then only their consent is required for adoption. Before minor parents reach 16 years of age, to adopt their child, it is necessary to obtain not only their consent, but also the consent of the legal representatives (parents, guardian (trustee) or adoptive parents) of the minor parents themselves, and in their absence, the guardianship and trusteeship authority.

The parents' consent to adoption must be expressed in an unconditional and definite manner, without any reservations in their personal written statement. The parents' signature must be notarized by a notary or other official, having the right to perform such a notarial act (Articles 35 - 38 of the Fundamentals of the Legislation of the Russian Federation on Notaries), or certified by the body or institution specified in paragraph 2 of Art. 129 SK. Consent to adoption can be expressed by the parent(s) directly in court during the trial (it is noted in the minutes of the court session and recorded in the court decision).

Since parents lose all rights and responsibilities towards their children only after a decision on adoption is made, they have the right to withdraw their previously given consent at any time before the decision is made. There are no motives for this decision of the parents legal significance Dont Have.

Parents' consent to the adoption of their child can be of two types: 1.

consent to adoption by a specific person; 2.

consent to adopt a child without specifying a specific person (the so-called blanket consent to adoption).

Similar rules regarding the need to obtain parental consent for the adoption of their child are established in the legislation of the CIS and Baltic countries.

Art. 130 of the RF IC provides for cases when adoption is allowed without the consent of their parents. The list of circumstances established by this article under which the adoption of children is permitted without the consent of their parents is exhaustive. Children can be given up for adoption without the consent of their parents, in particular if the parents are unknown (for example, when adopting abandoned children), recognized by the court as missing or incompetent. Regardless of the will of the parents, children in respect of whom they have been deprived of parental rights are also adopted. However, the RF IC introduces a new rule: adoption in these cases is possible only after 6 months from the date of the court’s decision to deprive them of parental rights (Article 71 of the RF IC). To prove these circumstances, documents confirming them must be presented.

In addition, Art. 130 of the RF IC speaks about the possibility of adoption without the consent of the parents if, for reasons recognized by the court as disrespectful, they do not live with the child for more than 6 months and evade his upbringing and maintenance.

See para. 1, 2 p. 10 PPVS RF No. 8!

Installing in Art. 130 of the RF IC, the court’s recognition of the fact that the reasons for non-participation of parents in the upbringing and maintenance of their children for more than six months were not respected as a basis for adopting a child without the consent of his parents, the legislator did not regulate the mechanism itself judicial recognition these reasons are disrespectful, which in practice leads to very sad consequences.

Thus, the US citizens of the Cruz spouses applied to the court to establish the adoption of the minor Umalkhatova Aizanash, born on May 16, 1997, who is located in an orphanage in St. Petersburg.

June 5, 1998 St. Petersburg City Court, presided over by Judge M.V. Matskova made a decision on the American adoption of the Dagestani girl Aizanash by the Cruz spouses, giving her the last name Cruz and the first name Michelle Marilyn, with her living mother and in the absence of the latter’s consent to the adoption. The mother found out about the adoption of her child only when the judge notified her of the decision by telegram.

The case was not considered in cassation.

The Deputy Chairman of the Supreme Court of the Russian Federation in protest raised the issue of canceling the court decision as made in violation of the norms of substantive and procedural law.

In this particular case, there were no legal grounds even during the extrajudicial preparation of the case to transmit information about the girl to potential adoptive parents. Umalkhatov's capable mother Ravzat (the child's birth certificate dated June 10, 1997, issued by the registry office of the Krasnoselsky district of St. Petersburg) was not deprived of parental rights, her location was known to everyone. She has a higher pedagogical education and is raising two more children without her husband. The third child was born out of wedlock. Therefore, before the issue of recognizing little Aizanash as Dagestani relatives was resolved, the mother transferred her daughter to St. Petersburg Orphanage No. 7 on June 18, 1997. In her application, she indicated that she was transferring the child for temporary care, informing the administration that she was leaving the city, but undertakes to further pick up my daughter from the orphanage.

The court, having decided to consider the adoption case and the issue of recognizing the mother’s non-participation in the upbringing and maintenance of the child as disrespectful, did not involve either her or other close relatives in the process. And thus he deprived himself of the opportunity to understand the reasons, which, if recognized as disrespectful, would have been the only legal basis for transferring the baby for adoption.

So, against the will of the mother and without actual investigation into the reasons for her temporary separation from the girl, the court transferred Aizanash to an American family.

Consent of the adopted child to adoption.

In addition to the consent of the parents for adoption, it is required to obtain the consent of the adopted child who has reached the age of 10. It is assumed that it is upon reaching this age that the child is able to consciously express his will and attitude towards the upcoming adoption, including during the trial. For these purposes, the essence of adoption and its consequences are explained to the child in an accessible form, and the child is ensured to become acquainted with the adoptive parent(s). The law does not establish the form of a child’s consent to adoption, but there is an explanation on this issue. See clause 12 of the RF PPVS No. 8.

The consent of a child under 10 years of age is not required, but his or her disagreement with adoption should be taken into account whenever possible, although it has no legal significance. The RF IC provides for the possibility of adopting a child over 10 years old without obtaining his consent. So, in particular, paragraph 2 of Art. 132 of the RF IC establishes an exception to the general rule: formal consent is not required when the child lived in the family of the adoptive parent before reaching 10 years of age and considers him his parent.

The child’s consent to adoption is also required by the legislation of the CIS and Baltic countries, however, the age of the minor differs. Thus, in Estonia, the child’s consent is a necessary condition for adoption provided that the minor reaches 7 years of age, in Kazakhstan, Tajikistan, Belarus, Moldova and Ukraine - 10 years of age, in Latvia - 12 years of age. An exception to this rule is provided for cases where the child lived in the adoptive family and considers them his parents.

On approval of order to orphans and children left without parental care, persons from among orphans and persons who previously belonged to the category of orphans and children left without care and have reached the age of 23 years

Document's name:
Document Number:	1476/OD
Document type:	Order of the DSZ VO
Receiving authority:	DSZ VO
Status:	Inactive
Published:
Acceptance date:	April 10, 2013
Revision date:	April 10, 2013

ON APPROVAL OF THE PROCEDURE FOR ACCEPTANCE OF REGISTRATION, FORMATION OF A LIST AND PROVIDING RESIDENTIAL PREMISES UNDER LEASE CONTRACTS OF SPECIALIZED RESIDENTIAL PREMISES FOR ORPHANS AND CHILDREN WITHOUT PARENTAL CARE, PERSONS FROM ORPHANS, ETC. ETEY, ...

DEPARTMENT OF LABOR AND SOCIAL DEVELOPMENT OF THE VORONEZH REGION

ORDER

Lost force on the basis of the order of the Voronezh Region DSZ dated December 12, 2019 N 71/n, which came into force 10 days from the date of official publication (published in the information system "Portal of the Voronezh Region on the Internet" https://www.govvrn.ru - 12/28/2019). There is uncertainty with the expiration date of the document associated with the calculation of the period for the entry into force of the canceling document. See Help for details.
____________________________________________________________________

In accordance with I order:

1. Approve the attached Procedure for registration, formation of a list and provision of residential premises under contracts for the rental of specialized residential premises for orphans and children left without parental care, persons from among orphans and children left without parental care, and persons previously belonging to the category of orphans and children left without parental care, persons from among orphans and children left without parental care, and who have reached the age of 23 years (hereinafter referred to as the Procedure).

2. The department for providing housing to certain categories of citizens of the department (Anufriev) must provide:

2.1. Registration of orphans and children left without parental care, persons left without parental care, persons and children left without parental care, and persons from among orphans and children left without parental care, and who have reached the age of 23 years, as those in need of residential premises of the specialized housing stock of the Voronezh region under lease agreements for specialized residential premises.

2.2. Maintaining records of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among children - orphans and children left without parental care and who have reached the age of 23 years, as those in need of residential premises of the specialized housing stock of the Voronezh region under rental agreements for specialized residential premises.

2.3. Maintaining records of orphans and children left without parental care, persons from among orphans and children left without parental care who were previously registered and did not exercise the right to be provided with living quarters before January 1, 2013, before they were actually provided with living quarters premises.

2.4. Annual formation of a list of orphans and children left without parental care, persons from among them registered as needing residential premises of the specialized housing stock of the Voronezh region under rental agreements for specialized residential premises and who have reached the age of 14 years and older.

2.5. Annual formation of a list of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among children - orphans and children left without parental care and who have reached the age of 23 years, registered as needing residential premises of the specialized housing stock of the Voronezh region under lease agreements for specialized residential premises and who have reached the age of 18 years, as well as in the event of their acquisition of full legal capacity before reaching adulthood, to provide them with living quarters in the current year.

2.6. Quarterly approval of the list of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among children - orphans and children left without parental care and who have reached the age of 23 years, registered as needing residential premises of the specialized housing stock of the Voronezh region under lease agreements for specialized residential premises, making changes and additions to it.

2.7. Preparation of auction documentation for holding electronic auctions for the acquisition of residential premises in the Voronezh region for orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care, and who have reached the age of 23 years.

2.8. Interaction with the Department of Property and Land Relations of the Voronezh Region by sending copies of orders of the Department of Labor and social development Voronezh Region on the provision of residential premises of the specialized housing stock of the Voronezh Region under contracts for the rental of specialized residential premises to specific recipients of housing for the conclusion of contracts for the rental of specialized residential premises with them.

2.9. Organizational and methodological guidance on the issues of registration, record keeping, formation of a list of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care, and who have reached the age of 23 years, and providing them with residential premises of the specialized housing stock of the Voronezh region under lease agreements for specialized residential premises in accordance with the Law of the Voronezh Region dated November 20, 2007 N 131-OZ Fund of the Voronezh Region."

3. The state institution of the Voronezh region "Department of Social Protection of the Population of the Voronezh Region" (Zakurko) shall:

3.1. Acceptance from state institutions of the Voronezh region "Department of Social Protection of the Population" of districts at the place of residence (stay) of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years, generated accounting files, assessment of the correctness of registration of accounting files, availability of all documents necessary for acceptance by the department labor and social development of the Voronezh region decisions on registration or refusal to register.

3.2. Transfer of generated registration files, including in electronic form, to the Department of Labor and Social Development of the Voronezh Region for making a decision on registering orphans and children left without parental care, persons from among orphans and children left without care parents, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years, or refusal to register.

3.3. Accounting and storage of records of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from the number of orphans and children left without parental care and who have reached the age of 23 years, registered with the Department of Labor and Social Development of the Voronezh Region as those in need of residential premises of the specialized housing stock of the Voronezh Region under rental agreements for specialized residential premises.

3.4. Maintaining an electronic database of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23, registered with the Department of Labor and Social Development of the Voronezh Region.

4. Directors of state-owned institutions of the Voronezh region "Department of Social Protection of the Population" of the districts at the place of residence (stay) of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as categories of orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years, organize:

4.1. Acceptance of applications and documents from orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from the number of orphans and children left without parental care and who have reached the age of 23 years, subject to provision of residential premises of the specialized housing stock of the Voronezh region under contracts for the rental of specialized residential premises in accordance with the Law of the Voronezh region dated November 20, 2007 N 131-OZ "On specialized housing stock of the Voronezh region".

4.2. Formation of registration files of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among children - orphans and children left without parental care and who have reached the age of 23 years, including in electronic form, and their transfer to the state institution of the Voronezh region "Department of Social Protection of the Population of the Voronezh Region".

5. Recognize as invalid the orders of the Department of Labor and Social Development of the Voronezh Region:

- dated 09.12.2011 N 2154/OD “On approval of the Regulations on the provision of residential premises from the state housing stock of the Voronezh region on the basis of a social rental agreement for parents, and to persons from among them”;

- dated 10/12/2011 N 2421/OD "On amendments to the order of the Department of Labor and Social Development of the Voronezh Region dated 09/12/201 N 2154/OD".

6. This order comes into force after 10 days from the date of its official publication and applies to legal relations arising from January 1, 2013.

7. Entrust control over the execution of this order to the deputy head of the department, V.N. Kuznetsov.

Head of department
N.I.SAMOYLYUK

PROCEDURE FOR REGISTRATION, FORMATION OF A LIST AND PROVIDING RESIDENTIAL PREMISES UNDER LEASE CONTRACTS OF SPECIALIZED RESIDENTIAL PREMISES FOR ORPHANS AND CHILDREN WITHOUT PARENTAL CARE, PERSONS FROM ORPHANS AND CHILDREN ARRANGED WITHOUT...

Approved

by order

Department of Labor and

social development

Voronezh region

dated April 10, 2013 N 1476/OD

PROCEDURE FOR REGISTRATION, FORMATION OF A LIST AND PROVIDING RESIDENTIAL PREMISES UNDER LEASE CONTRACTS OF SPECIALIZED RESIDENTIAL PREMISES FOR ORPHANS AND CHILDREN WITHOUT PARENTAL CARE, PERSONS FROM ORPHANS AND CHILDREN ARRANGED WITHOUT PARENTAL CARE AND PERSONS PREVIOUSLY ASSIGNED TO THE CATEGORY OF CHILDREN - ORPHANS AND CHILDREN WITHOUT PARENTAL CARE, PERSONS FROM ORPHANS AND CHILDREN WITHOUT PARENTAL CARE AND HAVE REACHED THE AGE OF 23 YEARS OLD

1. General Provisions

1.1. This Procedure for registration, formation of a list and provision of residential premises under contracts for the rental of specialized residential premises for orphans and children left without parental care, persons from among orphans and children left without parental care, and persons previously classified as orphans and children left without parental care, persons from among orphans and children left without parental care and who have reached the age of 23 years, developed in accordance with the Federal Law of the Russian Federation dated December 21, 2012 N 159-FZ "On additional guarantees for social support for orphans and children left without parental care", Law of the Voronezh Region dated November 20, 2007 N 131-OZ "On the Specialized Housing Fund of the Voronezh Region" and regulates legal relations regarding registration, record keeping, and formation of a list of children - orphans and children left without parental care, persons from among orphans and children previously classified as orphans and children left without parental care, persons from among orphans and children left without parental care and reaching age 23 years (hereinafter referred to as the List), and providing them with residential premises of the specialized housing stock of the Voronezh region under lease agreements for specialized residential premises.

1.2. The List is compiled for the purposes of:

1) effective planning of budget funds for the purchase of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care , and persons from among orphans and children left without parental care, and who have reached the age of 23 years, residential premises;

2) early registration of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care, and who have reached the age of 23, in need of housing.

1.3. Orphans and children without parental care, persons from among orphans and children without parental care who have reached the age of 14 years old.

1.4. Residential premises under contracts for the rental of specialized residential premises for orphans and children left without parental care, persons from among orphans and children left without parental care are provided once upon reaching the age of 18 years, as well as in the event they acquire full legal capacity before reaching adulthood.

Upon application in writing by the persons specified in paragraph one of this paragraph and who have reached the age of 18 years, residential premises are provided to them upon completion of their stay in educational institutions, social service institutions, health care institutions and other institutions created in the manner prescribed by law for orphans and children left without parental care, as well as upon completion of education in educational organizations professional education, or upon completion of military service upon conscription, or upon completion of serving a sentence in correctional institutions.

Residential premises are provided under lease agreements for specialized residential premises for a period of five years.

1.5. Orphans and children left without parental care, persons from among orphans and children left without parental care, who were previously registered as in need of residential premises provided under social tenancy agreements, who have not exercised their right to provide housing premises until January 1, 2013, retain the right to provide residential premises on the grounds and in the manner provided for in Article 8 of the Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for social support of orphans and children left without care parents" before actually providing them with living quarters.

1.6. The basis for the resettlement of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among children - orphans and children left without parental care, and who have reached the age of 23 years, in the provided residential premises of the specialized housing stock of the Voronezh region is a rental agreement for specialized residential premises.

1.7. Comfortable residential premises under rental agreements for specialized residential premises are provided to orphans and children without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children without parental care parents, and persons from among orphans and children left without parental care, and who have reached the age of 23 years, upon their applications, indicating the desired location for the provision of living quarters, which should be taken into account if possible.

2. Powers of the Department of Labor and Social Development of the Voronezh Region

2.1. Registration, record keeping and provision of residential premises of the specialized housing stock of the Voronezh region under lease agreements for specialized residential premises of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified to the category of orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years, are carried out by the Department of Labor and Social Development of the Voronezh Region (hereinafter referred to as the Department).

2.2. The Department exercises the following powers:

2.2.1. Makes a decision in the form of an order on the acceptance (refusal to accept) orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left behind without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years, to be registered as those in need of residential premises of the specialized housing stock of the Voronezh region under contracts for the rental of specialized residential premises and deregistration.

2.2.2. Forms and approves the List of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years.

2.2.3. Makes a decision in the form of an order on provision for orphans and children without parental care, persons from among orphans and children without parental care, persons previously classified as orphans and children without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years, residential premises of the specialized housing stock of the Voronezh region under rental agreements for specialized residential premises.

2.2.4. Within five working days from the date of adoption of orders on the provision of residential premises to orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children, left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years, sends copies of orders to the department of property and land relations of the Voronezh region to conclude rental agreements with them for specialized residential premises.

3. Acceptance of orphans for registration as those in need in residential premises of the specialized housing stock of the Voronezh region

3.1. The acceptance of orphans and children left without parental care for registration as those in need of residential premises under rental agreements for specialized residential premises is carried out by the Department upon reaching the age of 14 years on the basis of an application from the authorized body in the field of guardianship and trusteeship, other legal representatives for registration for registration (hereinafter referred to as accounting) in the form in accordance with Appendix No. 1 to this Procedure and the documents specified in clause 3.2 of this Procedure.

Acceptance of persons from among orphans and children left without parental care, and persons previously classified as orphans and children left without parental care, persons from among orphans and children left without parental care, and who have reached the age 23 years old, is carried out by the Department on the basis of an application for registration (hereinafter referred to as registration) in the form in accordance with Appendix No. 1 to this Procedure and the documents specified in paragraph 3.2 of this Procedure.

The application and documents are submitted to the state institutions of the Voronezh region "Department of Social Protection of the Population" of the districts at the place of residence (stay) of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously belonging to the category of orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years (hereinafter - KU VO "USZN").

When submitting an application for registration, the applicant indicates the desired location for the provision of residential premises, which must be taken into account if possible.

3.2. The following documents are attached to the application for registration:

1) a copy of the decision of the authorized body in the field of guardianship and trusteeship on sending the child to be raised in an institution, in a foster family, under guardianship (trusteeship);

2) a copy of the birth certificate of a person belonging to the category of orphans and persons from among them;

3) a copy of the passport of a person belonging to the category of orphans and persons from among them;

4) copies of documents confirming the fact that orphans and persons from among them do not have one or both parents;

5) a certificate of the place of residence of a person belonging to the category of orphans and persons from among them, at the time of submission of documents;

6) documents of the relevant organization for state technical accounting and (or) technical inventory on the rights to real estate of a person belonging to the category of orphans and persons from among them born before January 1, 1998, including those issued in the name, surname, the patronymic he had before they changed;

7) documents confirming the impossibility of living of a person belonging to the category of orphans and persons from among them in previously occupied residential premises by the tenant or a family member of the tenant under a social tenancy agreement or the owner of which this person is (if such circumstances exist);

8) a document from the guardianship and trusteeship authorities confirming the fact of non-provision of living quarters in accordance with (for persons previously classified as orphans and children left without parental care, persons from among orphans and children left without parental care, and have reached the age of 23 years);

9) a document confirming the recognition of the residential premises in which the applicant lives as unsuitable for permanent residence or not meeting the sanitary and technical rules and regulations established for residential premises, and other requirements of the legislation of the Russian Federation (for persons living in the specified residential premises).

3.3. Documents are presented in originals or copies, certified in the prescribed manner by state authorities of the Voronezh region or local government bodies, organizations that issued the relevant document, or notarized at the request of the citizen.

3.4. In addition to the documents specified in paragraph 3.2 of this Procedure, the Department independently, with the consent of the authorized body in the field of guardianship and trusteeship, other legal representatives of orphans and children left without parental care, or persons from among them or persons previously classified as children- orphans and children left without parental care and who have reached the age of 23 years, requests and attaches to the materials of the registration file documents of the body that carries out state registration of rights to real estate and transactions with it in the territory of the Voronezh region, on the absence (presence) of real estate in children - orphans, children left without parental care, and persons from among them, including those issued in the last name, first name, patronymic they had before their change, if these changes occurred after January 1, 1998.

Citizens who have not given their consent to the Department to request these documents submit them with the application and documents specified in paragraph 3.2 of this Procedure.

3.5. Orphans and children left without parental care, persons from among orphans and children left without parental care, or persons previously classified as orphans and children left without parental care, persons from among orphans and children left without parental care and who have reached the age of 23 years, who have submitted an application for registration and documents provided for in paragraph 3.2 of this Procedure, KU VO "USZN" is issued a receipt for receipt of documents indicating their list and date of receipt. An accounting file is created for each applicant.

3.6. The application for registration is registered by a specialist of the KU VO "USZN" in the book of registration of applications of orphans and children left without parental care, persons from among orphans and children left without parental care, or persons previously classified as children - orphans and children left without parental care and who have reached the age of 23 years, in need of residential premises provided from the specialized housing stock of the Voronezh region under lease agreements for specialized residential premises in the form in accordance with Appendix No. 2 to this Procedure.

3.7. Book of registration of applications of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among children - orphans and children left without parental care and who have reached the age of 23 years, must be numbered, laced, signed by the director of the institution of higher education institution "USZN" and the seal of the institution.

3.8. In the book of registration of applications of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from Orphans and children left without parental care who have reached the age of 23 are not allowed to be corrected or erased. Changes made to the registration book are certified by a specialist from the KU VO "USZN", who is responsible for the correct maintenance of records, and are sealed with the seal of the institution.

3.9. Information about the applicant is entered by KU VO "USZN" into the electronic database.

3.10. Registration of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among children- orphans and children left without parental care, and who have reached the age of 23 years (including in electronic form), are formed by the KU VO "USZN", which contains an application and documents that are the basis for registration.

The application and documents provided for in paragraph 3.2 of this Procedure are numbered, entered into the inventory and filed in the accounting file.

3.11. The generated accounting file (including in electronic form) within five working days from the date of submission of the application by the persons specified in paragraph 3.1 of this Procedure is sent to the state institution of the Voronezh region "Department of Social Protection of the Population of the Voronezh Region".

3.12. The state institution of the Voronezh region "Department of Social Protection of the Population of the Voronezh Region" accepts from the Institution VO "USZN" the generated accounting files of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously belonging to the category of orphans and children left without parental care, and persons from among orphans and children left without parental care, and who have reached the age of 23 years, to verify the correctness of registration of each registration file, the availability of all documents necessary for adoption Department decisions on registration or refusal to register.

3.13. A specialist from the state-owned institution of the Voronezh region "Department of Social Protection of the Population of the Voronezh Region" checks the correctness of registration of each registration file and the presence of all documents necessary for registration.

The specialist has the right to verify the information provided by applicants and request additional documents, necessary for making decisions, which are attached to the accounting file.

If deficiencies are found in the preparation of documents, the accounting file is returned for further registration to the CU VO "USZN".

The accounting file is transferred to the Department within five working days after receipt from the KU VO "USZN" to conduct a legal examination of the documents and make a decision on housing registration or refusal to register.

3.14. Based on the results of checking the submitted documents, the Department makes a decision in the form of an order to register or refuse to register orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously belonging to the category of orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years. The decision is made no later than 30 calendar days from the date of submission of the documents specified in clause 3.2 of this Procedure.

3.15. Grounds for refusal of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among children - orphans and children left without parental care, and who have reached the age of 23 years, are eligible for registration:

a) failure to provide the documents specified in clause 3.2 of this Procedure;

b) failure to provide the documents specified in subclause 3.5 of this Procedure, if the authorized body in the field of guardianship and trusteeship, other legal representatives of orphans and children without parental care, persons from among orphans and children without parental care , persons previously classified as orphans and children without parental care, and persons from among orphans and children without parental care and who have reached the age of 23 years, did not give consent to the Department to request these documents;

c) provision to orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among children - orphans and children left without parental care and who have reached the age of 23 years, living quarters under a social rental agreement;

3.16. A copy of the Department's order on registration (refusal) no later than five working days from the date of its publication is sent to the authorized body in the field of guardianship and trusteeship or to the legal representatives of orphans and children without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years.

3.17. Orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 and are registered have the right to submit to the Department documents indicating a change in family composition, place of residence, marital status, as well as improvement in living conditions.

Changes to the registration file are made by the Department on the basis of the specified documents submitted by orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care. without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years.

3.18. Inclusion in the registration file of information about changes in family composition is carried out on the basis of an order of the Department.

3.19. Providing for orphans and children without parental care, persons from among orphans and children without parental care, persons previously classified as orphans and children without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years, residential premises of the specialized housing stock of the Voronezh region under lease agreements for specialized residential premises is the basis for deregistration and exclusion of these persons from the List.

Deregistration of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among children - orphans and children left without parental care and who have reached the age of 23 years, is issued by order of the Department.

3.20. The state institution of the Voronezh region "Department of Social Protection of the Population of the Voronezh Region" ensures proper storage of records of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as children - orphans and children left without parental care, and persons from among orphans and children left without parental care, and who have reached the age of 23 years, accepted by the Department for registration as those in need of residential premises of the specialized housing stock of the Voronezh region under rental contracts for specialized residential premises.

4. Formation and maintenance of a list of orphans, children left without parental care, and persons from among those subject to provision of living quarters

4.1. The Department, based on decisions to accept or refuse registration, creates a List of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care, and who have reached the age of 23, in accordance with Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for social support of children - orphans and children left without parental care", Law of the Voronezh Region dated November 20, 2007 N 131-OZ "On the specialized housing stock of the Voronezh Region".

The basis for inclusion in the List is the order of the Department on the admission of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without care parents, and persons from among orphans and children left without parental care, and who have reached the age of 23 years, to be registered as needing to be provided with residential premises in the specialized housing stock of the Voronezh region under lease agreements for specialized residential premises.

Orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 and registered are included in the List in chronological order based on the date of submission of the application for registration as those in need of residential premises under lease agreements for specialized residential premises.

When registering on the same day several orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years, the order in the List is established in alphabetical order by the applicant’s last name.

4.2. List of orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years, in order to summarize information on the registration of those in need of residential premises under rental agreements for specialized residential premises, is maintained in electronic form and on paper.

Information about a person contained in the List, in accordance with the legislation of the Russian Federation, refers to the personal data of citizens (individuals).

4.3. In case of registration of newly admitted orphans and children left without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care and who have reached the age of 23 years; changes in the composition of their families due to marriage, divorce and (or) the birth of children; exclusions from the List on the grounds specified in paragraph 4.4 of this Procedure, changes are made to the List quarterly, which are approved by order of the Department.

4.4. Exclusion from the List is carried out on the basis of an order of the Department, on the grounds specified in Article 56 of the Housing Code of the Russian Federation, as well as in the event of death, adoption, restoration of parental rights of parents of persons in need of housing.

5. Providing residential premises under rental contracts for specialized residential premises to orphans, children without parental care, and persons from among them

5.1. Decision on the provision of residential premises of the specialized housing stock of the Voronezh region under contracts for the rental of specialized residential premises to orphans and children without parental care, persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care, and who have reached the age of 23 years, or the refusal to provide such living quarters is issued by order of the Department.

5.2. A copy of the order for the provision of residential premises of a specialized housing stock of the Voronezh region under an agreement for the rental of specialized residential premises to a specific recipient of housing, within five working days from the date of adoption of such an order, is sent to the department of property and land relations of the Voronezh region to conclude an agreement for the rental of specialized residential premises.

5.3. Recipients of residential premises of the specialized housing stock of the Voronezh region enter into a rental agreement for specialized residential premises with the Department of Property and Land Relations of the Voronezh Region within 1 month from the date of receipt of a copy of the Department’s order on the provision of residential premises.

5.4. Refusal of persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care who have reached the age of 23 years, from the provided residential premises under a rental agreement for specialized residential premises, is drawn up in the form of a written application of any form addressed to the head of the Department, indicating the reasons for the refusal.

5.5. Refusal of persons from among orphans and children left without parental care, persons previously classified as orphans and children left without parental care, and persons from among orphans and children left without parental care who have reached the age of 23 years of age from the provided residential premises is not a basis for exclusion from the List and deregistration.

5.6. Termination and termination of a rental agreement for specialized residential premises of the state housing stock of the Voronezh region is carried out on the grounds and in the manner established by the Housing Code of the Russian Federation, Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for social support for orphans and children left without parental care", Law of the Voronezh Region dated November 20, 2007 N 131-OZ "On the specialized housing stock of the Voronezh Region" and this Procedure.

6. The procedure for appealing decisions made by the Department

Decisions made by the Department in the course of implementing this Procedure may be appealed in the manner prescribed by current legislation.

Appendix No. 1

to Order
registration, formation of a list and
provision of residential premises under contracts
hiring specialized residential premises
orphans, children left without care
parents, orphans and children,
left without parental care, and persons
previously classified as orphans
and children left without parental care,
persons from among orphans and children,
left without parental care,
and have reached the age of 23 years

Head of department

labor and social development

Voronezh region

____________________________

STATEMENT

ABOUT ACCEPTANCE FOR REGISTRATION

1. ________________________________________________________________________

(last name, first name, patronymic (if available))

Insurance number of the individual personal account of the insured person in

compulsory pension insurance system: ____________________________

___________________________________________________________________________

(orphans and children left without parental care, persons from among

orphans and children left without parental care, persons previously

parents, and persons from among orphans and children left without care

parents and over 23 years of age)

Citizenship: _____________________________________________

(indicate the citizenship of the applicant)

I live in the Russian Federation:

residence address: ___________________________________________________

___________________________________________________________________________

temporary residence address: ______________________________________________

Phone number (optional): ________________________________________________

Title of the document, identification document
				date of issue
Issued by
Date of Birth
Place of Birth

Gender: male, female (underline as appropriate).

Currently: working, studying, not working and not studying (necessary

emphasize).

2. Representative of the applicant: (legal representative of the minor

person, organization entrusted with fulfilling the duties of a guardian or

trustee) (underline as appropriate)

___________________________________________________________________________

___________________________________________________________________________

(last name, first name, patronymic (if any) of the representative, last name, first name, patronymic

(if any) an authorized representative, the name of the organization to which

assigned to perform the duties of a guardian or trustee, and last name, first name,

patronymic (if any) of its representative)

Residence address: ___________________________________________________

___________________________________________________________________________

Address of residence: ___________________________________________________

___________________________________________________________________________

Legal address of the organization entrusted with the performance of the duty

guardian or trustee: ___________________________________________________

___________________________________________________________________________

Phone number: ___________________________________________________________

Title of the document, identification document
				date of issue
Issued by
Date of Birth
Place of Birth

Title of the document, confirming authority representative
				date of issue
Issued by

3. I ask you to consider the issue of registering as

in need of residential premises in a specialized housing stock

Voronezh region.

Family composition ______ people:

	Full Name	Year of birth	Relation degree	Note

4. If possible, my desire is to provide residential

premises in ______________________________________________________________

(indicate the locality on the territory of the Voronezh region)

5. Previously, residential premises under social rental agreements from

state housing stock of the Voronezh region or municipal

housing stock of the Voronezh region ________________________________________________

(provided, not provided, add as necessary)

6. I give my consent (I refuse):

(Underline whatever applicable)

Request from the Federal State Registration Service,

cadastre and cartography for the Voronezh region information on availability

(lack of) real estate, incl. issued in last name, first name, patronymic,

existing before the change (if these changes occurred after 1998

For collection, systematization, accumulation, storage, use,

updating, changing, transferring, blocking information using means

automation or without use within the authority of the department

labor and social development of the Voronezh region to provide housing

premises for orphans and children left without parental care.

Consent to the processing of personal data contained herein

application, is valid until the date of filing the application to revoke this

consent.

I have been warned that the Department of Labor and Social Development

Voronezh region has the right to refuse to register me as

in need of residential premises under a rental agreement

specialized residential premises in the following cases:

a) failure to submit documents specified in Part 4 of Article 21.2 of the Law

Voronezh region dated November 20, 2007 N 131-OZ “On specialized housing

Fund of the Voronezh Region" (as amended on December 4, 2012);

b) failure to submit documents specified in Part 6 of Article 21.2 of the Law

Voronezh region dated November 20, 2007 N 131-OZ “On specialized housing

Fund of the Voronezh Region" (as amended on December 4, 2012), if

authorized body in the field of guardianship and trusteeship, other legal

representatives of orphans and children left without parental care,

persons from among orphans and children left without parental care, persons

previously classified as orphans and children left without

care of parents, and persons from among orphans and children left without

parental care, and those who have reached the age of 23, consent was not given

The Department shall request the specified documents;

c) providing orphans and children left without care

parents, orphans and children left without care

parents, persons previously classified as orphans and children,

left without parental care, and persons from among orphans and children,

left without parental care, and who have reached the age of 23 years, residential

premises under a social rental agreement;

d) the submitted documents contain false information.

7. The following documents are attached to the application:

	Title of the document	Requisites document	Quantity sheets

"____"_____________ 20 ________________________________ (full name)

(day, month, year) (signature, transcript of signature)

RECEIPT

IN RECEIVING DOCUMENTS

From a citizen ______________________________________________________________

(Full Name)

An application was accepted with the following documents attached:

	Title of the document	Document details	Quantity sheets

Date of receipt of documents "___"___________ 200__

Registration number in the application registration book _______________________

Accepted by: ________________________________________________________ _________

(surname and initials of the specialist who accepted the documents) (signature)

Appendix No. 2. Book of registration of applications of orphans, children left without parental care, persons from among orphans and children left without parental care, and persons previously classified as orphans and children left without...

Appendix No. 2
to Order
registration, formation of a list and
provision of residential premises under contracts
hiring specialized residential premises
orphans, children left without care
parents, orphans and children,
left without parental care, and persons
previously classified as orphans
and children left without parental care,
persons from among orphans and children,
left without parental care,
and have reached the age of 23 years

Book of registration of applications of orphans, children left without parental care, persons from among orphans and children left without parental care, and persons previously classified as orphans and children left without parental care, persons from among children - orphans and children left without parental care and who have reached the age of 23 years, on registration as those in need of residential premises of the specialized housing stock of the Voronezh region under lease agreements for specialized residential premises

State institution of the Voronezh region

"Department of Social Protection of the Population ____________ District of the Voronezh Region"

Started "____"_________ 20___

Finished "____"_________ 20___

	date receipts statements	Last name, first name, surname applicant	Location address residence	Date, number order Department o acceptance or about refusal acceptance registered	Notification to the applicant about the adopted decision, number, date

Document's name:	ON APPROVAL OF THE PROCEDURE FOR ACCEPTANCE OF REGISTRATION, FORMATION OF A LIST AND PROVIDING RESIDENTIAL PREMISES UNDER LEASE CONTRACTS OF SPECIALIZED RESIDENTIAL PREMISES FOR ORPHANS AND CHILDREN WITHOUT PARENTAL CARE, PERSONS FROM ORPHANS, ETC. CHILDREN WITHOUT PARENTAL CARE AND PERSONS PREVIOUSLY RELATED TO CATEGORIES OF ORPHANS AND CHILDREN WITHOUT PARENTAL CARE, PERSONS INCLUDING ORPHANS AND CHILDREN WITHOUT PARENTAL CARE AND HAVE REACHED THE AGE OF 23 YEARS OLD
Document Number:	1476/OD
Document type:	Order of the DSZ VO
Receiving authority:	DSZ VO
Status:	Inactive
Published:	Newspaper "Voronezh Courier" N 39 dated 04/13/2013
Acceptance date:	April 10, 2013
Revision date:	April 10, 2013